IRS Says You Must Get Independent Contractor Agreements In Writing.
By Diane Kennedy – 2009
How many times have you heard that a verbal contract is just as good as the paper it’s written on? In other words, a verbal contract is not worth much. Well, the IRS is proving that’s certainly the case when it comes to people you might hire to work in your home or on your property. Surprising? Read on…
I have been helping one of our TaxLoopholes Community members who is having a horrible time with the IRS regarding a worker she had at her house. Yes, at her HOME!
She had some general handyman kind of tasks to get done so she hired a man she found in the local paper.
It was a very normal transaction. He showed up and did some work and she paid him. She liked his work and hired him for more projects. She didn’t take a tax deduction for the work he did. They both parted happy and she promptly forgot about it.
Well, everything was fine until about 2 years later. That’s when she got a letter from the IRS saying that this handyman hadn’t paid his taxes. Not only that, the IRS and the handyman decided she should pay them instead.
Here’s what happened: the handyman was audited. And during the course of the audit, he disclosed that there was no way that he could pay the taxes, especially the 15.3% self-employment tax that was due on his handyman business. So, the IRS agent asked him if he was really sure he wasn’t an employee. If he was an employee, the agent explained, the homeowner would have to pay his taxes.
Of course the handyman thought that was a great idea! He didn’t have the money to pay his taxes and if he could find someone else to pay them, that was a great deal. So he agreed with the IRS agent that he was really an employee. The IRS then told (not asked) the homeowner that she had failed to pay payroll taxes for her newly found employee. Oh, and by the way, since it was 2 years ago, the penalties and interest had caused the initial tax of about $4,000 to double to $8,000!!
She appealed and tried to prove, after the fact, that she hadn’t hired him as an employee and that she’d actually engaged him for some part-time temporary work as an independent contractor.
Here’s the lesson learned: in order to prove that you have an independent contractor you have to pass one of the two tests: the Section 530 test or the 20 Question test. And it looked like she was able to prove that. However, in the end, it came down to just one issue: did she have a written and signed Independent Contractor Agreement? And the answer was “no.” That meant she owed the tax.
This is where a bad story gets worse, though. She also had a couple of rental properties and she had used this same man on those properties, plus she had hired others exactly the same way. Now the IRS wanted to look at all that work as well. In the end, the IRS considered all the people who had worked for her had actually been employees as well.
So, take note! If you have people working for you at your business, on your real estate investments, or even on your home, then you must have a written and signed Independent Contractor Agreement.
Get it done today!
Diane Kennedy, the nation’s preeminent tax strategist, of DK Tax Services, a leading full service tax firm, is owner of TaxLoopholes, an online tax education company, and the author of The Wall Street Journal and Business-Week best-sellers, Loopholes of the Rich and Real Estate Loopholes. Get the latest in What’s Hot in tax strategies, as well as tax-advantaged wealth building resources on her web site: www.Taxloopholes.com.
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